Domestic Dispute, Foreign Forum: the Nigerian Court of Appeal’s Approach to a South African Choice of Court Agreement

This article examines the Nigerian Court of Appeal’s decision in Sqimnga (Nig.) Ltd v Systems Applications Products (Nig.) Ltd, which upheld an exclusive South African choice of court clause in a dispute between two Nigerian companies. This very recent decision affirms the Nigerian judiciary’s commitment to party autonomy, emphasising the principles of pacta sunt servanda and consensu facit legem, and applying the ‘strong cause’ test derived from The Eleftheria. The Court held that a party seeking to litigate in Nigeria contrary to a foreign jurisdiction agreement bears a strict evidential burden, which must be discharged through affidavit evidence rather than pleadings or counsel submissions. In this respect, the decision is consistent with established Nigerian authority, notably Nika Fishing Company Ltd v Lavina Corporation. Beyond its doctrinal correctness, the article highlights important unresolved issues in Nigerian conflict of laws. It questions whether a dispute that is domestic in substance – between Nigerian parties, concerning a contract concluded and performed in Nigeria – should be internationalised solely by a foreign choice of court clause. Drawing on comparative perspectives from South African law, English common law, the Hague Choice of Court Convention, and the Brussels I Recast, the article demonstrates that different legal systems adopt divergent approaches to this question. It concludes that Sqimnga exposes a need for deeper comparative engagement in shaping the future development of Nigerian private international law.